Are Stun Guns Legal in New Jersey? Yes for Adults, With Limits

Last reviewed: October 12, 2026. This article is general information, not legal advice. New Jersey's stun gun rules come from a court order and a State Police rule as well as the statute, so check current law or ask a New Jersey lawyer before you buy or carry one.

If you live in New Jersey and want a non-lethal way to protect yourself, you've probably found conflicting answers online. That's because the statute book still says one thing while the law in practice says another. Here's how it actually works.

Short answer: Are stun guns legal in New Jersey? For adults, yes. New Jersey banned civilian stun guns for decades, but after the U.S. Supreme Court's 2016 decision in Caetano v. Massachusetts, the state agreed in a 2017 federal consent order that its outright ban was unconstitutional and would not be enforced. Today adults 18 and over can own one, but under-18s cannot, school grounds are off limits without permission, and carrying one with an unlawful purpose is a crime.

How New Jersey went from a ban to legal ownership

For about three decades New Jersey was one of a handful of states that banned civilians from having stun guns at all. Two events changed that.

1. Caetano v. Massachusetts (2016). A Massachusetts woman was convicted under that state's stun gun ban. In a short unsigned opinion, the U.S. Supreme Court held that the Massachusetts court's reasons for upholding the ban, including that stun guns did not exist when the Second Amendment was adopted, contradicted its Heller decision. It vacated the ruling and sent the case back.
2. The 2017 New Jersey settlement. A New Jersey resident and the New Jersey Second Amendment Society sued the state Attorney General in 2016 after a manufacturer declined to sell him a stun gun. In April 2017 a federal judge approved a consent decree in which the Attorney General conceded the ban on electronic arms was unconstitutional, and the state was given 180 days to write rules "consistent with public safety and the Second Amendment", as the Associated Press reported.

The rule that followed is N.J.A.C. 13:54-5.8, effective January 2, 2018, which keeps stun guns away from anyone under 18.

What the law means for you today

• Adults 18 and over can generally buy and own a stun gun.
• Under 18 you may not possess one, and police can confiscate it.
• Stun guns are still "weapons." N.J.S.A. 2C:39-1(r) lists stun guns in the definition of "weapon". That matters for the crimes below.

Crimes that still apply

• Unlawful purpose. Under N.J.S.A. 2C:39-4(d), having any weapon other than a firearm "with a purpose to use it unlawfully against the person or property of another" is a third-degree crime.
• Circumstances not "manifestly appropriate." N.J.S.A. 2C:39-5(d) makes it a fourth-degree crime to knowingly possess a weapon "under circumstances not manifestly appropriate for such lawful uses as it may have." Whether this applies depends on the circumstances, such as where you are and why you are carrying it.
• Schools, colleges and universities. Section 2C:39-5(e)(2) makes it a fourth-degree crime to possess a stun gun on school, college or university buildings or grounds without written authorization from the institution's governing officer.
• Using it on someone. Using a stun gun is use of force. If it isn't justified self-defense, it can lead to assault charges like any other weapon.

For context, under N.J.S.A. 2C:43-6 a fourth-degree crime can carry up to 18 months in prison, and a third-degree crime three to five years.

Practical tips before you buy

1. Check what the device is. Handheld contact stun guns and devices that fire probes over a distance are not identical products. If you are unsure how New Jersey treats a particular model, ask the New Jersey State Police Firearms Investigation Unit before buying.
2. Check local and private rules. Workplaces, colleges, courthouses, event venues and landlords can ban weapons on their property.
3. Store it safely, especially in a home with anyone under 18, since a minor in possession faces confiscation.
4. Travel carefully. Other states and cities have their own rules. The TSA bans stun guns from carry-on bags; they may go in checked bags only if packed so they can't discharge.

If you're comparing options, pepper spray is the other common non-lethal choice. Each state treats it differently; for one example, see is pepper spray legal in Illinois?

Common mistakes

• Relying on the statute alone. Reading 2C:39-3(h) on its own suggests stun guns are still banned. The consent order changed how it is enforced.
• Relying on old articles. Many pages written before 2017 still say stun guns are illegal in New Jersey.
• Assuming "legal to own" means "legal everywhere." School grounds and unlawful-purpose rules still apply.

Sources

• N.J. Admin. Code § 13:54-5.8, possession of a stun gun by a minor (Cornell LII)
• N.J.S.A. 2C:39-1, definitions (FindLaw)
• N.J.S.A. 2C:39-3, prohibited weapons (FindLaw)
• N.J.S.A. 2C:39-4, possession of weapons for unlawful purposes (FindLaw)
• N.J.S.A. 2C:39-5, unlawful possession of weapons (FindLaw)
• N.J.S.A. 2C:43-6, sentences of imprisonment (FindLaw)
• Caetano v. Massachusetts, No. 14-10078 (2016) (Cornell LII)
• Associated Press via NJ 101.5, "Lawsuit challenging NJ stun gun ban settled" (April 26, 2017)
• Governing, report on the end of New Jersey's stun gun ban
• TSA, "Stun Guns/Shocking Devices"